N.Y. Lien Law 246-B – Notice of lien of bail bond in criminal actions or proceedings
§ 246-b. Notice of lien of bail bond in criminal actions or proceedings. A notice of lien of bail bond on real estate shall be filed in the office of the recording officer of the county in which such real estate given as security in a bail bond in a criminal action or proceeding is located, or if such property is situated in two or more counties the notice of lien shall be filed in the office of the recording officer of each of such counties, the provisions of which notice of lien shall be entered in a register kept for that purpose showing the name of the people of the state of New York as lienors and the names and addresses of the principal and the surety together with the name of the owner of such real estate and its location according to block, lot and § -b of the lien law, which said notice shall be substantially in the following form:
Terms Used In N.Y. Lien Law 246-B
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
NOTICE OF LIEN.
To …………………………………….., clerk (or register) of the county of ………………………….., and all others whom it may concern:
Please take notice that ……………………………………….
1. The people of the state of New York represented by ………………………………….., attorney general of the state of New York, (or district attorney of the county of ……………) has and claims a bail bond lien on the following described real property.
2. The name of the owner of the real property against whose interest therein a lien is claimed is ………………………………… and the interest of the owner so far as known to the lienors is a fee simple absolute.
3. The name and address of the surety who entered into the undertaking of bail with the people of the state of New York is ………………………. residing at ………………………… street, in the borough of ……………., city of ………………. (or town, village or county); the name and address of the principal for whom the surety has entered into such undertaking of bail is residing at ………………… street, in the borough of ………………., city of …………………. (or town, village or county). The type of undertaking of bail and the amount thereof is a consolidated bail bond in the sum of ………………….
4. The criminal charge against the principal for which such undertaking of bail is given is ………………………. The date of such undertaking and place of execution thereof are ……………… 19…, at the ………………… court of the county of ………………… (or city, town or village).
5. The property subject to the lien is situated in the borough of …………………………., county of ……………………… city of ……………………. It is known as number ……………….. street or avenue, and is described as follows:
Description.
Dated, ………………., 19 …………………
attorney general of the state of New York
(district attorney of the county of ……)
By
assistant attorney general
(assistant district attorney or
deputy assistant district attorney). State of New York )
) ss.: County of ) ……………………………. , being duly sworn, says that he is an assistant attorney general (or assistant district attorney, or deputy assistant district attorney, as the case may be) in the office of the honorable …………………., attorney general of the state of New York (or district attorney of the county of …………………..), the claimant for the people of the state of New York mentioned in the foregoing notice of lien. That he has read the said notice and knows the contents thereof and that the statements contained therein are true of his own knowledge, except as to those matters therein stated to be alleged upon information and belief and that as to those matters he believes them to be true.
……………………………. Sworn to before me this … day …. …., 19…
Notary public. …………..(commissioner of deeds of the city of ……………..).